Draft COMMISSION DECISION CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL AND STEEL COMMUNITY AND EURATOM OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE REPUBLIC OF UZBEKISTAN, OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS
Date: 1996-09-25
Institutions: European Commission
Subjects: EAEC, ECSC, Uzbekistan, interim agreement (EU), trade agreement

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  25.09.1996 
COM(96)  466  final 

96/  0236  (ACC) 

Proposal  for  a 

COUNCIL  DECISION 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 
INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE REPUBLIC 
OF UZBEKISTAN, OF THE OTHER PART, ON TRADE AND TRADE-
RELATED MATTERS 

(presented  by  the  Commission) 

Draft 

COMMISSION  DECISION 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY AND EURATOM OF THE INTERIM 
AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE EUROPEAN 
COAL AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY 
COMMUNITY, OF THE ONE PART, AND THE REPUBLIC OF UZBEKISTAN, 
OF THE OTHER PART, ON TRADE AND TRADE-RELATED MATTERS 

Explanatory  memorandum 

1.  The attached proposals for Decisions constitute the legal instrument  for the  conclusion 
of  the  Interim  Agreement  between  the  European-Community,  the  European  Atomic 
Energy  Community  and  the  European  Coal  and  Steel  Community,  on  the  one  hand, 
and the Republic of Uzbekistan, on the other. 

2.  Pending  ratification  of the Partnership  and  Cooperation  Agreement  with  the  Republic 
of  Uzbekistan,  signed  in  Brussels  on  21  June  1996,  the*  Commission  has,  in 
accordance  with  the  negotiating  directives  adopted  by  the  Council  on  18  July  1994, 
negotiated  an Interim Agreement with the Republic of Uzbekistan. 

3.  The  Interim  Agreement  providing  for  provisional  implementation  of  the  part  of  the 
Partnership  and  Cooperation  Agreement  on  trade  and  trade-related  measures  was 
initialled  in  Brussels  on  17 July  1996,  and  will  be  concluded  for  the  period  ending 
with the entry into force of the Partnership and Cooperation  Agreement. 

4.  The  Interim  Agreement  replaces,  as  far  as  the  Republic  of  Uzbekistan  is  concerned, 
the  relevant  provisions  of  the  Agreement  on  Trade  and  Commercial  and  Economic 
Cooperation  signed  on  18  December  1989  between  the  European  Economic 
Community  and the European Atomic Energy  Community,  of the one part,  and  Union 
of Soviet Socialist Republics, of the other part. 

5.  The procedures  for  signing  and  concluding  the Agreement  differ  between  the  EC, the 

ECSC and the European Atomic Energy  Community. 

The Agreement will be concluded as follows : 

-  the  Council,  will  conclude  the  Agreement  on  behalf  of  the  European  Community 
under Article  113, in conjunction  with Article 228 (2), first  sentence of the EC Treaty 
by adopting the Decision attached at I; 

- the Commission will conclude the Agreement on behalf of the ECSC by adopting the 
Decision  attached  at  II  in  accordance  with  Article  95  of  the  ECSC  Treaty,  with  the 
unanimous  assent  of  the  Council  and  following  consultation  of  the  Consultative 
Committee; 

-  the  Commission  will  conclude  the  Agreement  on  behalf  of  the  European  Atomic 
Energy  Community  by  adopting  the  Decision  attached  at  II,  in  accordance  with  the 
second paragraph of Article  101 of the EAEC Treaty, with the approval of the  Council 
acting by qualified  majority. 

6.  The  Commission  accordingly  requests  the  Council  to adopt the proposal  attached  at I 

and to give its assent and approval to the decision attached at II. 

i 

Proposal  for  a  Council  Decision  concerning  the  conclusion  by  the  European 
Community  of  the  Interim  Agreement  between  the  European  Community,  the 
European  Coal  and  Steel  Community  and  the  European  Atomic  Energy 
Community, of the one part, and the Republic of Uzbekistan, of the other part, on 
trade and trade-related matters. 

-  3 

Proposal  for 

COUNCIL DECISION 

OF 

ON THE CONCLUSION BY THE EUROPEAN COMMUNITY OF THE 

INTERIM AGREEMENT BETWEEN THE EUROPEAN COMMUNITY, THE 
EUROPEAN COAL AND STEEL COMMUNITY AND THE EUROPEAN 
ATOMIC ENERGY COMMUNITY, OF THE ONE PART, 
AND THE REPUBLIC OF UZBEKISTAN, OF THE OTHER PART, 

ON TRADE AND TRADE-RELATED MATTERS 
(  /EC) 

THE COUNCIL  OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 in conjunction  with Article 228 (2), first  sentence thereof, 

Having regard to the proposal from the Commission, 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
between  the~European  Communities  and  their  Member  States,  of  the  one  part,  and  the 
Republic  of  Uzbekistan,  of  the  other  part,  signed  in  B r u s s e l s^  21  June  1996,  it  is 
necessary  to  approve  on behalf  of the  European  Community,  the  Interim  Agreement  on 
trade  and  trade-related  matters  between  the  European  Community,  the  European  Coal 
and Steel Community  and the European Atomic Energy Community, of the one part, and 
the Republic of Uzbekistan, of the other part, 

HAS DECIDED AS FOLLOWS : 

Article 1 

The  Interim  Agreement  on  trade  and  trade-related  matters  between  the  European 
Community,  the European  Coal and  Steel  Community  and the European  Atomic  Energy 
Community,  of the  one  part, and  the Republic  of Uzbekistan,  of the  other  part,  together 
with its Annexes, the Protocol and the declarations, are hereby approved on  behalf of the 
European  Community. 

These texts are attached to this Decision. 

Article 2 

The President of the Council is hereby authorised to designate the persons empowered to 
sign the Interim Agreement on behalf of the European Community. 

Article 3 

The  President  of the  Council  shall give the notification  provided  for  in Article  32 of the 
Interim Agreement on behalf of the European  Community. 

Done at Brussels, 

" 

i 

\ 

• 

-  H 

II 

Draft  Commission  Decision  concerning  the  conclusion  on  behalf  of  the  European 
Coal and Steel Community and of Euratom of the Interim Agreement between the 
European Community, the European Coal and Steel Community and the European 
Atomic Energy Community, of the one part, and the Republic of Uzbekistan, of the 
other part, on trade and trade-related matters. 

s 

Draft 

COMMISSION DECISION 

OF 

_ 

. 

" 

CONCERNING THE CONCLUSION ON BEHALF OF THE EUROPEAN COAL 
AND STEEL COMMUNITY AND THE EUROPEAN ATOMIC ENERGY 
COMMUNITY OF THE INTERIM AGREEMENT BETWEEN THE EUROPEAN 
COMMUNITY, THE EUROPEAN COAL AND STEEL COMMUNITY AND THE 
EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, 
AND THE REPUBLIC OF UZBEKISTAN, OF THE OTHER PART, 
ON TRADE AND TRADE-RELATED MATTERS 

(../.../ECSC/EAEC) 

THE EUROPEAN COMMISSION, 

Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular the first paragraph of Article 95 thereof, 

Having regard to the Treaty establishing the European Atomic Energy Community and in 
particular the second paragraph of Article 101 thereof, 

"~ 

Whereas,  pending  the  entry  into  force  of  the  Partnership  and  Cooperation  Agreement 
between the  European  Communities  and their  Member  States, of the one part,  and the 
Republic  of  Uzbekistan  of  the  other  part,  signed  in  Brussels  on  21  June  1996,  it  is 
necessary  to  approve  the  Interim  Agreement  between-the  European  Community,  the 
European Coal and  Steel Community and the European Atomic Energy  Community, of 
the one part, and the Republic of Uzbekistan, of the other part, oh trade and trade-related 
matters initialled on 17 July 1996, 

Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of 
the Community  set  out  in particular  in Articles  2 and  3 of the Treaty  establishing  the 
European Coal and Steel Community and whereas the Treaty did not make provision for 
all the cases covered by this Decision; 

Having  consulted  the  Consultative  Committee  and with the assent  and approval  of the 
Council, 

HAS DECIDED AS FOLLOWS : 

Article 1 

The  Interim  Agreement  between  European  Community,  the  European  Coal  and  Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and the 
Republic  of  Uzbekistan,  of the  other  part,  on trade  and  trade-related  matters, together 
with the its Annexes, the Protocol and the declarations, are hereby approved on  behalf of 
the  European  Coal  and  Steel  Community  and  of  the  European  Atomic  Energy 
Community. 

10 

These texts are attached to this Decision. 

Article 2 

_ 

The President of the European Commission is hereby authorised to designate the persons 
empowered  to  sign  the  Interim  Agreement  on  behalf  of  the  European  Coal  and  Steel 
Community and the European Atomic Energy Community. 

Article 3 

The President of the Commission shall give the notification  provided for in Article 32 of 
the  Interim  Agreement  on behalf  of the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community. 

Done at Brussels, 

H 

-  ? 

FINAL ACT 

The plenipotentiaries of the EUROPEAN COMMUNITY, the EUROPEAN COAL AND 
STEEL  COMMUNITY  and  the  EUROPEAN  ATOMIC  ENERGY  COMMUNITY, 
hereinafter referred to as "the Community", of the one part, and 

the plenipotentiaries of THE REPUBLIC OF UZBEKISTAN, of the other part, 

on 

meeting at 
for the signature of the Interim Agreement on trade and trade-
related  matters  between  the  European  Community,  the  European  Coal  and  Steel 
Community  and  the  European  Atomic  Energy  Community,  of  the  one  part,  and  the 
Republic of Uzbekistan, of the other part, hereinafter  referred to as the Agreement, have 
adopted the following texts : 

the Interim Agreement and the Protocol on mutual assistance in customs matters. 

The  plenipotentiaries  of  the  Community  and  the  plenipotentiaries  of  the  Republic  of 
Uzbekistan have adopted the texts of the Joint declarations listed below and annexed to 
this Final Act : 

Joint  Declaration  on  the  protection  of  individuals  with  regard  to  the  processing  and 
movement of personal data 

Joint Declaration concerning Title II of the Agreement 

Joint Declaration concerning Article 7 of the Agreement 

Joint Declaration concerning Article 8 of the Agreement 

Joint Declaration concerning Article 15 of the Agreement 

Joint Declaration concerning Article 28 of the Agreement 

The plenipotentiaries of the Community have taken note of the declarations listed below 
and annexed to this Final Act : 

Declaration  by  the  Republic  of  Uzbekistan  concerning  the  protection  of  intellectual, 
industrial and commercial property  rights. 

Done at Brussels on 

For  the  European  Community,  the  European  Coal  and  Steel  Community  and  the 
European Atomic Energy Community 

For the Republic of Uzbekistan 

12 

-• 

. 

-7 

INTERIM  AGREEMENT 

ON TRADE AND TRADE RELATED MATTERS  BETWEEN THE  .. 
EUROPEAN  COMMUNITY, THE EUROPEAN COAL AND STEEL. 
COMMUNITY  AND THE EUROPEAN ATOMIC ENERGY  COMMUNITY 
OF THE ONE PART AND THE REPUBLIC OF UZBEKISTAN  OF THE 
OTHER  PART 

the  EUROPEAN  COAL  AND  STEEL 
The  EUROPEAN  COMMUNITY, 
COMMUNITY  AND  THE  EUROPEAN  ATOMIC  ENERGY  COMMUNITY, 
hereinafter  referred  to as "THE  COMMUNITY" 

of the one part, 

and THE REPUBLIC  OF  UZBEKISTAN 

of the other part, 

Whereas  an  Agreement  on  Partnership  and  Cooperation  between  the  European 
Communities  and  their  Member  States,  of  the  one  part  and  the  Republic  of 
Uzbekistan  oTthe other part was signed  on 21 June  1996; 

Whereas the aim of the Partnership  and  Cooperation  Agreement  is to  strengthen  and 
widen  the  relations  established  previously,  notably  by  the  Agreement  on  Trade  and 
Commercial  and  Economic  Cooperation  between 
the  European  Economic 
Community,  the  European  Atomic  Energy  Community,  and  the  USSR "signed  on 
18 December  1989; 

Whereas  it  is  necessary  to  ensure  the  rapid  development  of  trade  relations  between 
the Parties; 

Whereas to this end  it is necessary  to implement  as speedily as possible, by means  of 
an Interim Agreement,  the provisions of the Partnership  and  Cooperation  Agreement 
concerning trade and trade-related  matters; 

Whereas  the  said  provisions  should,  accordingly,  replace  the  relevant  provisions  of 
the Trade and  Commercial  and Economic Cooperation  Agreement; 

Whereas it is necessary  to  ensure that pending the entry into force  of the Partnership 
and  Cooperation  Agreement  and  the  establishment  of the  Cooperation  Council,  the 
Joint  Committee  set  up  under  the  Agreement  on  Trade  and  Commercial  and 
Economic  Cooperation  may  exercise  the  powers  assigned  by  the  Partnership  and 
Cooperation  Agreement to the Cooperation  Council, which  are necessary  in order  to 
implement  the Interim  Agreement; 

Have  decided  to  conclude  this  Agreement  and  to  this  end  have  designated  as  their 
plenipotentiaries: 

^phc^cyy^itA 

//'  LL 
'  ! ,'^S 

/-fTé> 

7 

THE EUROPEAN COMMUNITY : 

THE EUROPEAN COAL AND STEEL COMMUNITY : 

THE EUROPEAN ATOMIC ENERGY COMMUNITY : 

THE REPUBLIC OF UZBEKISTAN : 

Who, having exchanged their Full Powers, found in good and due form, 

Have agreed as follows : 

TITLE I ; GENERAL  PRINCIPLES 
fPCA  Uzbekistan  : Title H 

_ 

Article I 
fPCA  Uzbekistan  : Article 21 

Respect  for  democracy,  principles  of  international  law  and  human rights as  defined  in 
particular in the  United Nations  Charter,  the Helsinki  Final  Act  and  the Charter of Paris 
for  a  New  Europe,  as  well  as  the  principles  of  market  economy,  including  those 
enunciated  in the documents of the CSCE Bonn Conference,  underpin  the  internal  and 
external  policies  of  the Parties and constitute an essential element of partnership and  of 
this Agreement. 

TITLE  H : TRADE  IN GOODS 
IPCA Uzbekistan  : Title III] 

Article 2 
IPCA  Uzbekistan : Article 3i 

1.  The Parties shall accord  to one another most-favoured-nation  treatment in all areas in 

respect of : 

- customs duties and charges applied to imports and exports,  including the method of 

collecting such duties and charges; 

- provisions relating to customs clearance, transit, warehouses and transhipment; 

- taxes and other internal charges of any kind applied directly or indirectly to imported 

goods; 

- methods of payment and the transfer of such payments related to trade in goods; 

- the rules relating to the sale, purchase, transport, distribution and use of goods on the 

domestic market. 

/  A 

sfj? 

2.  The provisions of paragraph  1  shall not apply to : 

(a)  advantages granted with the aim of creating a customs  union or a free-trade area 

. or pursuant to the creation of such  a union or area; 

(b)  advantages  granted  to particular countries  in  accordance with WTO Tules and 
with other  international  arrangements in favour- of developing countries; 

(c)  advantages accorded to adjacent countries in order to facilitate frontier traffic. 

3.  The provisions of paragraph  1 shall not apply, during a transitional  period  expiring on 
the  date  of  the Republic  of  Uzbekistan  acceding  to  the  WTO  or  on  the  31.12.1998, 
whichever  is  earlier,  to  advantages  defined  in  Annex  I  granted  by  the  Republic  of 
Uzbekistan to other states which have emerged from the dissolution of the USSR. 

Article 3 
IPCA Uzbekistan  : Article 91 

1. The Parties agree that the principle of free  transit  is  an essential  condition  of attaining 

the objectives of this Agreement. 

In this connection each Party shall secure unrestricted transit via or through its territory 
of  goods  originating  in the  customs  territory  or  destined  for  the  customs  territory  of 
the other Party. 

2.  The  rules  described  in  the  Article  V,  paragraphs  2,  3,  4*and  5  of  the  GATT  are 

applicable between the Parties. 

3.  The rules contained in this Article are without  prejudice to any special  rules relating to 
specific  sectors, in particular such as transport, or products agreed between the Parties. 

Article 4 
IPCA Uzbekistan  : Article 121 

Without  prejudice to  the rights and obligations  stemming  from  international  conventions 
on  the  temporary  admission  of  goods  which  bind  both  Parties,  each  Party  shall 
furthermore  grant  the  other Party  exemption  from  import  charges  and  duties  on  goods 
admitted  temporarily,  in the instances and according to  the  procedures  stipulated  by any 
other  international  convention  on  this  matter  binding  upon  it,  in  conformity  with  its 
legislation. Account shall be taken of the conditions under which the obligations stemming 
from  such a convention have been accepted by the Party in question. 

Article 5 
IPCA Uzbekistan  : Article 111 

1.  Goods originating in the Republic of Uzbekistan shall be imported into the Community 
free  of quantitative restrictions and measures of equivalent effect,  without prejudice to 
the provisions of Articles 7,  10 and 11 of this Agreement. 

2.  Goods originating in the Community shall be imported into the Republic of Uzbekistan 
free of all quantitative restrictions and measures of equivalent effect,  without  prejudice 
to the provisions of Articles 7,  10 and  11 of this Agreement. 

/ a 

41 

Article 6 
fPCA  Uzbekistan  : Article 121 

Goods shall be traded between the Parties at market-related prices. 

Article 7 
[PCA Uzbekistan  : Article 131 

1.  Where  any  product  is being  imported  into  the  territory  of  one  of  the  Parties  in such 
increased quantities or under such conditions  as to cause or threaten to cause injury to 
domestic  producers  of  like  or  direct  competitive  products^  the  Community  or  the 
Republic  of  Uzbekistan,  which  ever  is  concerned,  may  take  appropriate  measures  in 
accordance with the following procedures and conditions. 

2.  Before  taking  any  measures,  or  in  cases  to  which  paragraph  4  applies  as  soon  as 
possible thereafter,  the Community or  the Republic of Uzbekistan as  the case may be 
shall supply the Joint Committee with all  relevant information  with a view to seeking a 
solution acceptable to both Parties as provided for in Title IV. 

3.  If,  as a result of the consultations,  the Parties do not reach agreement within 30 days of 
referral  to  the  Joint  Committee  on  actions  to  avoid  the  situation,  the  Party  which 
requested  consultations  shall  be free  to  restrict  imports  of the products  concerned  to 
the  extent  and for  such  time  as  is necessary  to  prevent  or remedy the injury, or to 
adopt other appropriate measures. 

4.  In  critical  circumstances  where  delay  would  cause  damage  difficult 

to  repair,  the 
Parties  may  take  the  measures  before  the  consultations,  on  the  condition  that 
consultations shall  be offered  immediately after taking such action. 

5.  In the selection  of measures  under this  Article,  the Parties  shall give  priority  to  those 

which cause least disturbance to the achievement of the aims of this Agreement. 

6. Nothing in this Article shall prejudice or affect  in any way the taking, by either Party, of 
anti-dumping or countervailing  measures  in accordance with  Article  VI of the GATT, 
the Agreement  on implementation  of  Article  VI  of  the  GATT,  the  Agreement  related 
on  interpretation  and  application  of  Articles  VI,  XVI  and  XXIII  of  the  GATT  or 
related internal legislation. 

Article 8 
IPCA Uzbekistan  : Article 141 

The  Parties  undertake  to  consider  development  of  the  provisions  in this  Agreement  on 
trade in goods between them, as circumstances allow,  including the situation arising  from 
the accession  of the Republic  of Uzbekistan  to  the World  Trade Organisation.  The Joint 
Committee referred to in Article  17 may make recommendations  on such developments to 
the  Parties  which  could  be  put  into  effect,  where  accepted,  by  virtue  of  agreement 
between the Parties in accordance with their respective procedures. 

4* 

/Il 

Article 9 
IPCA Uzbekistan  : Article 151 

The  Agreement  shall  not  preclude  prohibitions  or  restrictions  on  imports,  exports  or 
goods  in transit justified  on grounds  of  public  morality,  public  policy  or  public  security; 
the  protection  of  health  and life  of  humans,  animals- or plants; the  protection  of  natural 
resources; the protection of national treasures of artistic, historic or archaeological  value 
or  the  protection  of  intellectual,  industrial  and  commercial  property  or  rules  relating  to 
gold ana silver.  Such prohibitions or restrictions shall not, however, constitute a means of 
arbitrary discrimination or a disguised restriction on trade between the Parties. 

Article 10 
fPCA  Uzbekistan  : Article 161 

This Title H shall not apply to trade in textile  products falling under chapters 50 to  63  of 
the  Combined  Nomenclature.  Trade  in  these  products  shall  be  governed  by  a  separate 
agreement,  initialled  on  4  December  1995  and  applied  provisionally  since  1st  January 
1996. 

Article 11 
(PCA  Uzbekistan  : Article 171 

1.  Trade-  in  products  covered  by  the  Treaty  establishingihe  European  Coal  and 
Steel  Community  shall  be  governed  by  the  provisions  of  this  Title  II,  with  the 
exception of Article 5. 

2.  A contact group on coal and steel matters shall be set up, comprising representatives  of 
the Community on the one hand, and representatives of the Republic of Uzbekistan on 
the other. 

The  contact  group  shall  exchange,  on  a  regular basis, information  on all coal and 
steel matters of interest  to  the Parties. 

Article  12 
IPCA Uzbekistan  ; Article 181 

Trade in nuclear materials shall be subject to the provisions of a specific  Agreement 
to be concluded between the European Atomic Energy Community and the Republic 
of Uzbekistan. 

m. 

r  • n 

TITLE  HI : 
PAYMENTS, COMPETITION  AND OTHER  ECONOMIC  PROVISIONS 
IPCA  Uzbekistan  : Title IV1 

Article  13 
fPCA  Uzbekistan  : Article 40 (1)1 

-

The  Parties  undertake  to  authorize,  in  freely  convertible  currency,  any  current 
payments  between  residents  of  the  Community  and  of  the  Republic  of  Uzbekistan 
connected  with the movement  of goods,  made in accordance with  the provisions  of 
the present Agreement. 

Article  14 
IPCA Uzbekistan  : Article 42 (4)1 

The Parties  agree  to  examine ways  to  apply  their  respective  competition  laws  on a 
concerted basis in such cases where trade between them is affected. 

Article  15 
IPCA  Uzbekistan  : Article 41 (1)1 

Pursuant  to  the  provisions  of  this  Article  and  of  Annex  II,  trie Republic  of  Uzbekistan 
shall continue to improve the protection of intellectual,  industrial and commercial  property 
rights  in  order  to  provide,  by  the  end  of  the  fifth  year  after  the  entry  into  force  of  the 
Agreement,  for  a  level  of  protection  similar  to  that  provided  in  the  Community  by 
Community  acts,  in  particular  the  ones  referred  to  in  Annex  II,  including  comparable 
means of enforcing  such rights. 

Article  16 

Mutual  assistance  in  customs  matters  between  administrative  authorities  of  the 
Parties shall take place in accordance with the Protocol  annexed to this agreement. 

Hi 

TITLE IV  : INSTITUTIONAL,  GENERAL AND  FINAL  PROVISIONS 
IPCA  Uzbekistan  : Title XII 

Article  17 

-  -

The  Joint  Committee  set  up  by  the  Agreement  on  Trade  and  Commercial  and 
Economic  Cooperation  signed between the European  Economic  Community  and  the 
USSR  on  18  December  1989  shall  perform  the  duties  assigned  to  it  by  this 
Agreement  until  the  Cooperation  Council  provided  for  in  Article  81  of  the 
Partnership  and  Cooperation  Agreement  is established. 

Article  18 

The  Joint  Committee  may,  for  the  purposes  of  attaining  the  objectives  of  the 
Agreement,  make recommendations  in the cases provided  for  therein. 

It  shall drawjjp  its recommendations  by agreement  between  the Parties. 

Article  19 
IPCA  Uzbekistan  : Article 821 

When  exam'ming any issue arising within  the framework  of this Agreement  in relation  to a 
provision  referring  to  an  article  of  the  GATTAVTO,  the  Joint Xommittee  shall  take  into 
account  to  the  greatest  extent  possible  the  interpretation  that  is  generally  given  to  the 
article of the GATTAVTO  in question  by the members of the WTO. 

Article 20 
IPCA  Uzbekistan  : Article 861 

1.  Within the scope of this Agreement,  each  Party  undertakes  to  ensure that  natural  and 
legal  persons  of the other  Party  have  access  free  of discrimination  in  relation  to  its 
own  nationals  to  the  competent  courts  and  administrative  organs  of  the  Parties  to 
defend  their  individual  rights  and  their  property  rights,  including 
those  concerning 
intellectual,  industrial  and commercial  property. 

2.  Within the limits of their respective powers, the Parties : 

-  shall  encourage  the  adoption  of  arbitration  for  the  settlement  of  disputes 
arising  out  of commercial  and  cooperation  transactions  concluded  by  economic 
operators  of the Community  and those of the Republic of Uzbekistan; 

-  agree that where a dispute is submitted  to arbitration,  each  party to  the dispute 
may,  except  where  the  rules  of  the  arbitration  centre  chosen  by  the  parties 
provide  otherwise,  choose  its own  arbitrator,  irrespective  of his nationality,  and 
that  the  presiding  third  arbitrator  or  the  sole  arbitrator  may  be  a  citizen  of  a 
third  state; 

- will recommend  their economic operators to choose by mutual  consent  the law 
applicable to their contracts; 

-  shall  encourage  recourse  to  the  arbitration  rules  elaborated  by  the  United 
Nations Commission  on International  Trade Law (Uncitral) and to arbitration by 
.  any  centre  of  a  state  signatory  to  the. Convention  on  Recognition  and . 
Enforcement  of Foreign  Arbitral  Awards done at New York  on  10th June 1958. 

V  i 

K 

Article 21 
IPCA  Uzbekistan  : Article 871 

Nothing in the Agreement shall prevent a Party from taking any measures: 

(a)  which  it considers  necessary  to  prevent  the  disclosure  of  information  contrary 

to its essential security interests; 

(b)  which relate to the production of,  or trade in arms, munitions or war materials 
or to  research, development  or production  indispensable  for defence  purposes, 
provided  that  such  measures  do  not  impair  the  conditions  of  competition  in 
respect of products not intended for specifically  military purposes; 

(c)  which  it considers  essential  to  its own  security  in the  event  of  serious internal 
disturbances  affecting  the  maintenance  of  law  and  order,  in  time  of  war  or 
serious international  tension constituting  threat of war or in order to  carry out 
obligations  it  has  accepted  for  the  purpose  of  maintaining  peace  and 
international security; 

(d)  which it considers necessary to respect  its international obligations and 

commitments in the control of dual use industrial goods and technologies. 

- 

Article  22 
IPCA  Uzbekistan  : Article 881 

In  the  fields  covered  by this Agreement  and without  prejudice  to  any special 
provisions contained therein : 

-  the  arrangements  applied  by  the  Republic  of  Uzbekistan  in  respect  of  the 
Community  shall  not  give  rise  to  any  discrimination  between  the  Member 
States, their  nationals or their companies or firms; 

-  the  arrangements  applied  by  the  Community  in  respect  of  the  Republic  of 
Uzbekistan  shall  not  give  rise to  any  discrimination  between  Uzbek  nationals, 
or  Uzbek companies or firms. 

The provisions of Paragraph  1 are without  prejudice to the right, of the Parties 
to apply the relevant provisions of their fiscal  legislation  to tax payers who are 
not in identical situations as regards their place of residence. 

Article  23 
IPCA Uzbekistan  : Article 891 

1.  Each  Party  may  refer  to  the  Joint  Committee  any  dispute  relating  to  the 

application or interpretation of this Agreement. 

2.  The Joint Committee may settle the dispute by means of a recommendation. 

3.  In  the  event  of  it  not  being  possible  to  settle  the  dispute  in  accordance  with 
paragraph 2, either Party may notify the other of the appointment of a conciliator; 
the other Party must then appoint a second  conciliator within two months.  -

The Joint Committee shall appoint a third conciliator. 

The  conciliators'  recommendations  shall  be  taken  by  majority  vote.  Such 
recommendations shall not be binding upon the Parties. 

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Article 24 
[PCA Uzbekistan  : Article 90] 

The Parties agree to consult promptly through appropriate channels at the request of 
either  Party  to  discuss  any  matter concerning  the  interpretation  or implementation 
of this Agreement and other relevant aspects of the relations between the Parties. 

The  provisions  of  this  Article  shall  in  no  way  affect  and are without  prejudice  to 
Articles 7, 23  and 28. 

Article 25 
[PCA Uzbekistan  : Article 91] 

Treatment granted to the Republic of Uzbekistan hereunder shall in no case be more 
favourable than that granted by the Member States to each other. 

Article 26 
[PCA Uzbekistan  : Article 93] 

Insofar  as  matters  covered  by  this  Agreement  are  covered  by  the  Energy  Charter 
Treaty  and  Protocols  thereto, such Treaty and Protocols  shall  upon entry  into  force 
apply  to  such  matters  but  only  to  the  extent  that  such  application  is  provided  for 
therein. 

~~ 

Article27 

1.  This  Agreement  shall  be applicable  until  the entry  into  force  of the  Partnership 

and Cooperation Agreement signed on 21 June 1996. 

2.  Either  Party  may  denounce  this  Agreement  by  notifying  the  other  Party.  This 
Agreement shall cease to apply six months after the date of such notification. 

Article 28 
[PCA Uzbekistan  : Article 95] 

1.  The  Parties  shall  take  any  general  or  specific  measures  required  to  fulfil  their 
obligations  under the Agreement.  They  shall see to it that the objectives  set out 
in the Agreement are attained. 

2.  If  either  Party  considers  that  the  other  Party  has  failed  to  fulfil  an  obligation 
under  the  Agreement,  it  may  take  the  appropriate  measures.  Before  so  doing, 
except  in  cases  of  special  urgency,  it  shall  supply  the  Joint Committee  with all 
relevant  information required for a thorough examination of the situation with a 
view to seeking a solution acceptable to the Parties. 

In the  selection  of  these  measures,  priority  must be  given  to  those  which  least 
disturb  the  functioning  of  the  Agreement.  These  measures  shall  be  notified 
immediately to the Joint Committee if the other  Party so requests. 

Article 29 
[PCA Uzbekistan  : Article 96] 

Annexes I-and II and the Protocol on mutual assistance, in custojnsjnatters between 
administrative authorities shall form an integral part of this Agreement. 

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Article 30 
IPCA Uzbekistan  : Article 981 

This Agreement  shall apply, on the one hand, to the territories in which  the treaties 
establishing  the European  Community,  the  European  Atomic  Energy  Community 
and the European  Coal and Steel  Community  are applied  and under the conditions 
laid down in those Treaties and, on the other hand, to the territory of the Republic of 
Uzbekistan. 

Article 31 

This  Agreement  is  drawn  up  in  duplicate  in  the  Danish,  Dutch,  English,  Finnish, 
French,  German, 
Italian,  Spanish,  Swedish,  Greek,  Portuguese,  and  Uzbek 
languages, each of these texts being equally authentic. 

Article 32 

This Agreement will be approved by the Parties in accordance with their own procedures. 

This  Agreement  shall enter into force on the first day of  the second  month following  the 
date on which the Parties notify that the procedures referred to in the first  paragraph have 
been completed. 

Upon  its  entry  into force, and as far as relations between the Republic of Uzbekistan and 
the "Community are concerned,  this Agreement  shall  replace Article 2,  Article 3,  except 
the 
for  the  fourth  indent  thereof,  and  Articles  4  to  16  of  the  Agreement  between 
European  Economic  Community,  the  European  Atomic  Energy  Community  and  the 
Union  of  Soviet  Socialist  Republics  on  Trade  and  Economic  and  Commercial 
Cooperation signed in Brussels on  18 December  1989. 

10 

LIST OF DOCUMENTS  ATTACHED 

Annex I 

Indicative list of advantages granted  by  the Republic of Uzbekistan to the 
Independent  States in accordance with Article 2(3). 

Annex II 

Intellectual, industrial and commercial property  conventions referred  to in 
Article  15. 

Protocol  on mutual  assistance in customs  matters between  administrative  authorities. 

11 

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ANNEX  I 

Advantages  granted  by the Republic  of Uzbekistan  to the Independent States in 
accordance with Article 2 (3) 

•-

Advantages  are  accorded  to  those  Independent  States  which  are  party  to  the  agreement 
on  establishing  a  free  trade  zone  and  with  which  free  trade  agreements  with  Uzbekistan 
have been  signed. 

In  respect  of  Belarus,  Georgia,  Kazakhstan,  Kyrgyzstan,  Moldova, 
Federation, Turkmenistan  and Ukraine: 

the  Russian 

1. 

Import/export taxation 

No import  duties are levied. 
No  export  duties levied  regarding goods supplied  in accordance with intergovernmental  or 
credit  agreements,  within  quantitative  limits  set  by  the  Government  of  Uzbekistan  in  the 
light  of national  requirements. 

No  VAT  or  excise  duties  are  applied  to  trade  which  takes  place  within  the  context  of 
cooperation  agreements. 

2.  Allocation  of quotas and licensing  procedures 

Export  quotas  for  deliveries of Uzbek  products  under  annual  bilateral  interstate  trade and 
cooperation  agreements are opened  in the same way as for  "deliveries for  state needs". 

3.  Conditions of transportation  and transit 

As  regards  Parties  to  the  Multilateral  Agreement  "on  the  principles  and  conditions  of 
relations  in  the  field  of  transport"  and/or  on  the  basis  of  bilateral  arrangements  on 
transportation  and  transit,  no  taxes  or  fees  are  applied  on  a  reciprocal  basis  for  the 
transportation  and  customs  clearing  of  goods  (including  goods  in  transit)  and  transit  of 
vehicles. 

4.  Communication  services  including  postal,  courier,  telecommunication,  audio-visual 

and other types of communication  services. 

5.  Access to information  systems and  databases 

In  respect  of  the  Russian  Federation,  Ukraine,  Belarus,  Kazakhstan:  Payments  may  be 
made in the national currencies of these countries. 

In respect  of Kazakhstan,  Kyrgyzstan: 
Simplified-system  of customs procedure. 

12 

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ANNEX  II 

Intellectual,  Industrial  and  Commercial  Property  conventions 
referred  to in Article  15 

1.  Community acts referred  to in Article  15. 

-  First Council Directive 89/104/EEC of 21 December  1988 to approximate the 

laws of the Member States relating to trade marks. 

-  Council Directive 87/54/EEC of  16 December  1986 on the legal protection  of 

topographies of semi-conductor  products. 

-  Council Directive 91/250/EEC of  14 May  1991 on the legal protection  of 

computer  programs. 

-  Council Regulation (EEC) No  1768/92 of  18 June  1992 concerning  the 

creation  of a supplementary  protection  certificate  for medicinal products. 

-  CouncifRegulation  (EEC) No 2081/92  of  14 July  1992 on the protection  of 

geographical  indications and designations of origin for  agricultural  products and 
foodstuffs. 

-  Council-Directive 93/83/EEC  of 27  September  1993 on the coordination  of 
.  certain  rules concerning copyright  and rights related  to copyright applicable to 

satellite broadcasting and cable  retransmission. 

-  Council  Directive 93/98/EEC of 29 October  1993 harmonizing the term  of 

protection  of copyright  and certain related  rights. 

-  Council  Directive 92/100/EEC of  19 November  1992 on rental right and 

lending right and on certain rights related  to copyright  in the field  of intellectual 
property. 

2.  If  problems  in  the  area  of  intellectual,  industrial  and  commercial  property  as 
addressed  in the  above  Community  acts  and  affecting  trading  conditions  were  to 
occur,  urgent  consultations  will  be  undertaken,  at  the  request  of the  Community 
or  the  Republic  of  Uzbekistan,  with  a  view  to  reaching  mutually  satisfactory 
solutions. 

A, S 

13 

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PROTOCOL 

ON MUTUAL  ASSISTANCE 

BETWEEN ADMINISTRATIVE  AUTHORITIES 

IN CUSTOMS  MATTERS 

14 

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71 

ARTICLE  1 

Definitions 

For the purposes of this Protocol  : 

-

a)  "customs legislation" shall  mean any legal  or regulatory  provisions  applicable 
in the  territory  of  the  Parties  governing  the  import,  export,  transit  of  goods 
and  their  placing  under  any  customs  procedure,  including  measures  of 
prohibition, restriction and control; 

b)  "applicant  authority",  shall  mean  a competent  administrative  authority  which 
has been appointed by a Party for this purpose and which makes a request  for 
assistance in customs matters; 

c)  "requested  authority",  shall  mean a competent  administrative  authority  which 
has been  appointed  by a Party  for  this purpose  and  which  receives  a request 
for assistance in customs matters; 

d)  "personal  data",  shall  mean  all  information  relating  to  an  identified  or 

identifiable  individual. 

ARTICLE 2 

Scope 

1.  The Parties shall assist each other,  in the areas within their jurisdiction,  in the manner 
and  under  the  conditions  laid  down  in  this  Protocol,  in  preventing,  detecting  and 
investigating operations in breach of customs legislation. 

2.  Assistance  in  customs  matters,  as  provided  for  in  this  Protocol,  shall  apply  to  any 
administrative  authority  of the Parties which  is competent  for the  application  of this 
Protocol.  It  shall  not  prejudice  the  rules  governing  mutual  assistance  in  criminal 
matters.  Nor  shall  it  cover  information  obtained  under  powers  exercised  at  the 
request of the judicial authorities, unless those authorities so agree. 

ARTICLE 3 

Assistance on request 

1.  At the request of the applicant  authority,  the requested  authority  shall  furnish  it with 
all  relevant  information  which  may  enable  it  to  ensure  that  customs  legislation  is 
correctly applied,  including information  regarding operations noted  or planned which 
are or could be in breach of such legislation. 

2.  At  the  request  of  the  applicant  authority,  the  requested  authority  shall  inform  it 
whether goods  exported  from  the  territory  of  one  of  the Parties  have  been  properly 
imported  into  the  territory  of  the  other  Party,  specifying,  where  appropriate,  the 
custolns procedure applied to the goods. 
15 

-

2? 

3.  At  the  request  of  the  applicant  authority,  the  requested  authority  shall,  within  the 
framework  of  its laws, take the  necessary  steps  to  ensure that  a special  watch  is kept 
on : 

(a) 

(b) 

natural  or legal persons  of whom  there~are reasonable grounds  for  believing 
that they are breaching or have breached  customs legislation; 
places  where  goods  are  stored  in  a  way  that  gives  grounds  for  suspecting 
that  they are intended  to supply operations in breach of customs legislation; 

(c)  movements  of goods  notified  as possibly giving rise to  breaches  of  customs 

legislation; 

(d)  means of transport  for  which  there  are reasonable grounds  for  believing that 
they  have  been,  are  or  might  be  used  in  operations  in  breach  of  customs 
legislation. 

ARTICLE 4 

Spontaneous  assistance 

The  Parties  shall  provide  each  other,  as  far  as  their  national  laws,  rules  and  other  legal 
instruments  allow,  with  assistance  without  prior  request  if  they  consider  that  to  be 
necessary  for  the  correct  application  of  customs  legislation,  particularly when  they  obtain 
information  pertaining  to : 

-  operations  which  are  or  appear  to  be  in  breach  of  such  legislation  and  which 

may be of interest  to the other  Party; 

-  new means or methods employed  in carrying out such operations; 
-  goods  known to be subject  to breaches of customs legislation. 
-  natural  or  legal  persons  of  whom  there  are  reasonable  grounds  for  believing 

that  they are or have been in breach  of customs legislation 

-  means  of  transport  for  which  there  are  reasonable  grounds  for  believing  that 
they  have  been,  are  or  might  be  used  in  operations  in  breach  of  customs 
legislation 

ARTICLE 5 

Delivery/Notification 

At the request  of the applicant  authority,  the requested  authority  shall, in accordance  with 
its legislation,  take all necessary  measures  in order : 

- to  deliver all documents, 
- to  notify  all decisions, 

falling  within  the  scope  of  this  Protocol  to  an  addressee,  residing  or  established  in  its 
territory.  In  such cases, Article 6(3) shall  apply as far  as the request  itself is concerned. 

16 

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ARTICLE 6 

Form and substance of requests for assistance 

1.  Requests  pursuant  to  this  Protocol  shall  be" made  in  writing.  They  shall  be 
accompanied  by  the  documents  necessary  to  enable  compliance  with  the  request. 
When  required  because  of  the  urgency  of  the  situation,  oral  requests  may  be 
accepted, but must be confirmed  in writing immediately. 

2.  Requests pursuant to paragraph  1 shall include the following information : 

(a) 
(b) 
(c) 
(d) 
(e) 

the applicant authority making the request; 
the measure requested; 
the object of and the reason for the request; 
the laws, rules and other legal elements involved; 
indications as exact  and comprehensive  as possible on the  natural  or  legal 

-persons who are the target of the investigations; 

(f) 

a  summary  of  the  relevant  facts  and  of  the  enquiries  already  carried  out, 

except  in cases provided for in Article 5. 

3.  Requests shall  be submitted  in an official  language  of the requested  authority  or in a 

-language acceptable to that authority. 

^ 

4. 

If a request  does not meet the formal  requirements,  its correction  or completion  may 
be requested; precautionary measures may, however, be ordered. 

ARTICLE 7 

Execution of requests 

1. 

In  order  to  comply  with  a  request  for  assistance,  the  requested  authority  shall 
proceed, within the limits of its competence and available resources, as though it were 
acting on its own account or at the request of other authorities of that same Party, by 
supplying  information  already possessed,  by carrying out appropriate  enquiries or by 
arranging  for  them  to  be  carried  out.  This  provision  shall  also  apply  to  the 
administrative  department to which  the  request  has been addressed by the  requested 
authority when the latter cannot act on its own. 

2.  Requests for assistance shall be executed  in accordance with the laws, rules and other 

legal instruments of the requested Party. 

3.  Duly  authorized  officials  of  a  Party  may,  with  the  agreement  of  the  other  Party 
involved and subject to the conditions laid down by the latter, obtain from the "offices 
of  the  requested  authority  or  other  authority  for  which  the  requested  authority  is 
responsible,  information  relating  to  operations  which  are  or  may  be  in  breach .of 
customs  legislation  which  the  applicant  authority  needs  for  the  purposes  of  this 
Protocol. 

17 

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4.  Officials  of a Party may, with the agreement  of  the  other Party  involved  and subject 
to  the  conditions  laid  down  by the  latter,  be  present  at  enquiries  carried  out  in the 
latter's territory. 

ARTICLE 8~ 

-

Form in which information  is to be communicated 

1.  The  requested  authority  shall  communicate  results  of  enquiries  to  the  applicant 
authority  in  the  form  of documents,  certified  copies  of  documents,  reports  and  the 
like. 

2.  The  documents  provided  for  in  paragraph  1  may  be  replaced  by  computerized 

information  produced in any form for the same purpose. 

ARTICLE 9 

Exceptions to the obligation to provide assistance 

1.  The Parties  may  refuse  to give  assistance  as  provided  for  in  this  Protocol,  where  to 

. do would: 

(a)  be likely to  prejudice the sovereignty  of  the  Republic  of Uzbekistan  or that 
of  a  Member  State  of  the  European  Union  which  has  been  asked  for 
assistance under this Protocol; or 

(b)  be  likely  to  prejudice  public  policy,  security  or  other  essential  interests,  in 

particular in the cases referred to under Article  10 (2); or 
involve currency or tax regulations other than customs legislation; or 
violate an industrial, commercial or professional  secret. 

(c) 
(d) 

2.  Where the  applicant  authority  requests  assistance  which  it  would  itself be  unable to 
provide if so  asked,  it shall draw attention  to  that  fact  in its request.  It shall  then be 
left to the requested authority to decide how to respond to such a request. 

3. 

If assistance  is refused,  the decision and the  reasons  therefor  must be notified  to  the 
applicant authority without delay. 

ARTICLE  10 

Information exchange and  confidentiality 

1.  Any information  communicated in whatsoever form pursuant to this Protocol  shall be 
of a confidential  or restricted nature, depending on the rules applicable^ in each of the 
Parties.  It  shall  be  covered  by the  obligation  of  official  secrecy  and  shall  enjoy  the 
protection  extended  to  like  information  under  the  relevant  laws  of  the  Party  which 
received it and the corresponding provisions applying to the Community institutions. 

18 

2.  Personal data may be exchanged only where the receiving Party undertakes to protect 
such data in at least an equivalent way to the one applicable to that particular case in 
the supplying Party. 

3. 

Information  obtained  shall  be used  solely  for  the  purposes  of  this Protocol.  Where 
one of the Parties requests the use of such information for other purposes, it shall ask 
for  the  prior  written  consent  of  the  authority  which  furnished  the  information. 
Moreover, it shall be subject to any restrictions laid down by that authority. 

4.  Paragraph 3 shall not impede the use  of  information  in any judicial  or administrative 
proceedings  subsequently  instituted  for  failure  to  comply  with  customs  legislation. 
The competent authority which supplied that information shall be notified  of such use. 

5.  The  Parties  may,  in  their  records  of  evidence,  reports  and  testimonies  and  in 
proceedings  and  charges  brought  before  the  courts,  use  as  evidence  information 
obtained and documents consulted  in accordance with the provisions of this Protocol. 

ARTICLE 11 

Experts and witnesses 

1. An official  of a requested  authority may be authorized  to appear, within the limitations 
of  the  authorization  granted,  as  an  expert  or  witness  in  judicial  or  administrative 
proceedings regarding the matters covered  by this Protocol  in the jurisdiction of the other 
Party,  and  produce  such  objects,  documents  or  authenticated  copies  thereof,  as  may  be 
needed  for  the  proceedings.  The request  for  an appearance  must  indicate  specifically  on 
what matters and by virtue of what title or qualification  the official  will be questioned. 

2.  The  authorized  official  shall  enjoy  the  protection  guaranteed  by existing  legislation  to 
officials  of the applicant authority on its territory. 

ARTICLE 12 

Assistance expenses 

The  Parties  shall  waive  all  claims  on  each  other  for  the  reimbursement  of  expenses 
incurred  pursuant  to  this  Protocol,  except,  as  appropriate,  for  expenses  to  experts  and 
witnesses and to interpreters and translators who are not public service employees. 

19 

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ARTICLE 13 

Application 

1.  The  application  of this Protocol  shall  be entrusted to  the central  customs  authorities 
of  the  Republic  of  Uzbekistan  on  the  one  hand  and  the  competent  services  of  the 
European  Commission  and,  where  appropriate,  the  customs  authorities  of  the 
Member States of the European Union on the other. They shall decide on all practical 
measures and arrangements necessary for its application, taking into consideration the 
rules in force  in the field of data protection.  They may recommend to the competent 
bodies amendments which they consider should be made to this Protocol. 

2.  The Parties shall consult each other and subsequently keep each other informed of the 
detailed  rules of implementation which are adopted in accordance with the provisions 
of this Protocol. 

ARTICLE 14 

Complementarity 

.Without  prejudice  to  Article  10,  any  agreements  on  mutqal  assistance  which  have 
been concluded  between one or more Member States of the European Union and the 
Republic  of  Uzbekistan  shall  not  prejudice  Community  provisions  governing  the 
communication  between  the competent  services  of  the Commission  and the customs 
authorities  of  the  Member  States  of  any  information  obtained  in  customs  matters 
which could be of Community interest. 

20 

JOINT  DECLARATION 

In applying the agreement, the parties are aware of the necessity of an adequate protection 
of individuals with regard to the processing of personal data and on the free movement of 
such data. 

^ 

4 

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21 

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JOINT DECLARATION  CONCERNING  TITLE  n 

All references  to the GATT are to the text  of the GATT as modified  in  1994 

22 

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JOINT DECLARATION  CONCERNING ARTICLE 7 

The  Community  and  the  Republic  of  Uzbekistan  declare  that  the  text  of  the  safeguard 
clause does not grant GATT safeguard treatment. 

23 

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JOINT  DECLARATION  CONCERNING  ARTICLE 8 

Until the Republic  of Uzbekistan  accedes to  the WTO, the Parties shall hold  consultations 
in  the  Joint  Committee  on  their  import  tariff  policies,  including  changes  in  tariff 
protection.  In  particular,  such  consultations  shall  be offered  prior  to  the  increase  of  tariff 
protection. 

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24 

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JOINT DECLARATION  CONCERNING  ARTICLE  15 

Within the limits of their respective competences,  the Parties agree that for  the  purpose 
of  the  Agreement,  intellectual,  industrial  and  commercial  property  includes  in  particular 
copyright,  including  the  copyright  in  computer  programs,  and  neighbouring  rights,  the 
including 
rights  relating  to  patents, 
appellations of origin, trademarks and service  marks,  topographies  of integrated  circuits 
as well as protection against unfair competition as referred to in Article  10 bis of the Paris 
Convention  for  the  protection  of  Industrial  Property  and  protection  of  undisclosed 
information on know-how. 

industrial  designs,  geographical 

indications, 

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JOINT DECLARATION  CONCERNING  ARTICLE  28 

1.  The  Parties  agree,  for  the  purpose  of  its  correct  interpretation  and  its  practical 
application,  that  the  term  "cases  of  special  urgency"  included  in  Article  28  of  the 
Agreement  means cases of material breach of the Agreement by one of the Parties.  A 
material breach of the Agreement consists in 

a) 

repudiation of the Agreement not sanctioned by the general rules of international law 

or 

b)  violation of the essential elements of the Agreement set out in Article 1. 

2.  The  parties  agree  that  the  "appropriate  measures"  referred  to  in  Article  28  are 
measures  taken  in accordance with  international  law.  If a party  takes  a measure  in a 
case  of  special  urgency  as  provided  for  under  Article  28,  the  other  party  may  avail 
itself of the procedure relating to settlement  of disputes. 

I 

?/, 

Unilateral  declaration  bv the Republic of  Uzbekistan  concerning  the  protection 

of intellectual, industrial  and  commercial  property  rights 

The Republic of Uzbekistan declares that : 

1.  By  the  end  of  the  fifth  year after  entry  into  force  of  the  Agreement,  the 
Republic  of  Uzbekistan  shall  accede  to  the  multilateral  conventions 
on 
intellectual,  industrial  and commercial  property rights referred  to  in Paragraph 2 
of  this  declaration  to  which  Member  Statesof  the  Community  are  parties  or 
which are de facto applied by Member States according to the relevant  provisions 
contained  in these conventions. 

2.  Paragraph  1  of this declaration concerns the following  multilateral  conventions: 

-  Berne  Convention  for the Protection  of Literary  and Artistic Works  (Paris Act, 

1971); 

-  International  Convention 

for 
Phonograms and Broadcasting Organizations  (Rome,  1961); 

the  Protection  of  Performers,  Producers  of 

-  Protocol  relating 

to  the  Madrid  Agreement  concerning  the  International 

Registration of Marks  (Madrid,  1989); 

-  Nice  Agreement  concerning  the  International  Classification  of  Goods  and 
Services  for  the  purposes  of  the  Registration  of Marks  (Geneva  1977,  amended 
1979); 

-  Budapest  Treaty  on  the  International  Recognition  of  the  Deposit  of  Micro 
organisms for the purposes of Patent Procedures  (1977,  modified  in  1980); 

-  International  Convention  for the  Protection  of  New  Varieties  of  Plants  (UPOV) 

(Geneva Act,  1991) 

3.  The Republic of Uzbekistan confirms the importance it attaches to the obligations 

arising from the following  multilateral conventions: 

-  Paris Convention for the Protection of Industrial Property (Stockholm  Act, 

1967 and amended in 1979); 

-  Madrid Agreement concerning the International Registration of Marks 

(Stockholm Act,  1967, and amended in 1979); 

-  Patent Cooperation Treaty (Washington  1970, amended and modified  in  1979 

and  1984). 

4.  From  the  entry  into  force  of  this  Agreement  the  Republic  of  Uzbekistan  shall 
grant  to  Community  companies  and  nationals,  in  respect  of  the  recognition  and 
protection  of  intellectual,  industrial  and  commercial  property,  treatment  no  less 
favourable than that granted by it to any third country under bilateral agreements. 

5.  The  provisions  of  paragraphs  shall  not  apply  to  advantages  granted  by  the 
Republic of Uzbekistan to any third country on an effective  reciprocal  basis or to 
advantages  granted  by  the  Republic  of  Uzbekistan  to  another  country  of  the 
former USSR. 

-\u 
tfk 

1 

ISSN 0254-1475 

COM(96) 466  final 

DOCUMENTS 

EN 

11 

Catalogue number  :  CB-CO-96-480-EN-C 

ISBN 92-78-09300-9 

Office for Official Publications of the European Communities 

L-2985 Luxembourg